News & Analysis as of

Causation

Ninth Circuit Improperly Lowers Admissibility Bar for Expert Causation Testimony

by Foley Hoag LLP on

In Wendell v. GlaxoSmithKline LLC, the U.S. Court of Appeals for the Ninth Circuit reversed a trial court order that excluded expert testimony concerning the cause of a profoundly rare and deadly disease. The decision...more

Seventh Circuit Resolves Circuit Split on Causation in FCA Cases

by Bass, Berry & Sims PLC on

In a recent opinion, the Seventh Circuit joined its sister circuits in holding that under the FCA, a defendant’s conduct must proximately cause injury to the government in order to incur liability for that injury. United...more

CV Stealth – Arrest of Vessel Under Shelltime 4 – Causation

by Reed Smith on

By way of follow up to our blog on this matter dated 3 May 2016, the Commercial Court heard a further arbitration appeal earlier this month arising out of the detention of the vessel at Puerto la Cruz on 19 September...more

In Luce, The Seventh Circuit Joins the Third, Fifth, Tenth, and D.C. Circuits in Adopting a Proximate Causation Requirement for...

In United States v. Luce, the U.S. Court of Appeals for the Seventh Circuit recently held that a plaintiff suing under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., must demonstrate not merely that the government...more

No Voluntary Dismissal for Plaintiffs, and a Summary Judgment Win for Defendants, in Central District of California Risperdal Case

by Reed Smith on

In the mass torts world in which we find ourselves, glimmers of jurisprudential light can seem few and far between. Two things we love are good warnings causation decisions and sneaky plaintiffs getting caught at their own...more

Unreliable Expert Opinion Does In California Talc Verdict

by Reed Smith on

We are sure you all heard about the $417 million verdict returned recently against a talcum powder manufacturer in Los Angeles, and we are equally sure you heard about the trial court’s order setting the verdict aside a...more

Appellate Division Reverses Decision Supporting Causation Based on Speculative Medical Evidence

by PretiFlaherty on

Generally speaking, the petitioning party bears the burden of persuasion to establish all elements of a claim on a more probably than not basis. Fernald v. Dexter Shoe Co., 670 A.3d 1382 (Me. 1996)....more

Texas Supreme Court Clarifies When an Expert Opinion is Conclusory

by Strasburger & Price, LLP on

Conclusory opinions, especially by experts, constitute no evidence. Two recent opinions from the Texas Supreme Court explain when an expert opinion is conclusory....more

K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II

by K&L Gates LLP on

This is the second episode in a three-part series on emergency preparedness and response in long-term care. Since natural disasters can result in monumental expenses for rebuilding facilities, it is important to understand...more

No Causation, No “Parallel Claim”

by Reed Smith on

The district court’s order dismissing claims in Ebrahimi v. Mentor Worldwide LLC, No. CV 16-7316, 2017 WL 4128976 (C.D. Cal. Sept. 15, 2017), is a good antidote to the Ninth Circuit’s wrongly decided opinion in Stengel v....more

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Five Coverage Tips from Recent E-mail Scam Insurance Decisions

by Orrick - Trust Anchor on

The number of decisions considering claims for insurance coverage resulting from Business Email Compromise (“BEC”) scams has been increasing, providing policyholders with some hope, and some clarity, in this muddy area....more

Can a Real Estate Agent be Liable for Injuries at an Open House?

Woodland Hills personal injury attorney Barry P. Goldberg is consulted more often than you might think by potential clients injured on the property of a home they were thinking about buying. It is a relatively common...more

Good Risperdal Times, Part Three: Summary Judgment for Janssen in Philadelphia

by Reed Smith on

We write this in the first minutes of the eclipse, about 75 minutes from whatever “totality” will be visible here in southeastern Pennsylvania. We have our certified safety glasses at the ready, we have instructed the midday...more

0.44% of NFL Brains

by Wilson Elser on

When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees...more

Product Liability: Consumer Expectation and Risk Benefit

by Low, Ball & Lynch on

Kawika Demara, et al. v. The Raymond Corporation, et al. - California Court of Appeal, Fourth Appellate District (July 18, 2017) - Kawika Demara was a warehouse employee at the time his foot was crushed under the drive...more

Causation Testimony Excluded in Heart-Lung Bypass Machine Death Case – Again

by Reed Smith on

Not even three weeks ago, back on July 28, we discussed the court’s rigorous application of Daubert in excluding expert medical causation opinions in Smith v. Terumo Cardiovascular Sys. Corp., a federal case in the district...more

Navigating The Private Right Of Action Under The California Franchise Investment Law

by Mulcahy LLP on

The California Franchise Investment Law (“CFIL”) regulates both the sale and disclosure of franchise opportunities within the state. The law was enacted to “provide each prospective franchisee with the information necessary...more

Defence & Indemnity - June 2017: III. QUANTUM/DAMAGES ISSUES: Saadati v. Moorhead, 2017 SCC 28, per Brown, J. [4238]

by Field Law on

III. QUANTUM/DAMAGES ISSUES - A. The SCC has watered down the test for compensable psychological injury and done away with the need for expert evidence to establish it. Saadati v. Moorhead, 2017 SCC 28, per Brown, J....more

Guest Post – Causation or No Causation, That Is the Question.

by Reed Smith on

Today we feature another guest post from our European correspondents, Reed Smith partner Marilyn Moberg and associate Kathryn Bond. There has been another EU development from the Court of Justice (its description, not ours)...more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES B. Widdowson v. Rockwell [2017] B.C.J. No. 457, per Kent, J. [4233]

by Field Law on

II. LIABILITY ISSUES - B. A commercial host’s liability with respect to an intoxicated patron will not necessarily end when the patron arrives safely home – it is not necessarily a break in the chain of...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Circuit issued a single precedential patent decision this week – the Genband v. Metaswitch case where the Circuit vacated the denial of a motion for preliminary injunction out of concern that the district court applied...more

Big Changes in Missouri: A New and Improved Missouri Human Rights Act Becomes Law

by Littler on

On June 30, 2017, Missouri Governor Eric Greitens signed into law Senate Bill 43, which corrects the Missouri Human Rights Act (MHRA) by bringing it into closer alignment with federal and other states' anti-discrimination...more

Tenth Circuit Departs From Other Circuit Courts and Holds Plaintiff Bears the Burden of Proving Causation in ERISA Breach of...

by Littler on

On June 5, 2017, in a split decision to be published, the U.S. Court of Appeals for the Tenth Circuit held that the plaintiff bears the burden on each element of its Employee Retirement Income Security Act of 1974 (“ERISA”)...more

Ninth Circuit Reverses Daubert Exclusion

by Reed Smith on

Let’s start with a shameless plug: the author of this post, along with Sean Wajert (Shook Hardy & Bacon), will present a Strafford webinar on June 21 entitled, “Daubert/Frye Motions in Product Liability Litigation: Bringing...more

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